HomeMy WebLinkAbout2017 02 07 AIS for Robbins Zone ChangeAGENDA ITEM SUMMARY Meeting Date: 2/7/2017
Meeting Type: Regular Meeting
Staff Contact/Dept.: Phil Farrington/DPW Staff Phone No: 541-726-3654
Estimated Time: 15 Minutes
S P R I N G F I E L D PLANNING COMMISSION Council Goals: Encourage Economic Development and
Revitalization through Community Partnerships
ITEM TITLE: REQUEST FOR ZONING MAP AMENDMENT APPROVAL ON PROPERTY LOCATED AT 5892 MAIN STREET AND ADJACENT PARCEL.
ACTION REQUESTED:
Planning Commission approval of this Zone Change request (TYP316-00004) by
motion.
ISSUE STATEMENT:
The Planning Commission is requested to conduct a public hearing and decide
whether or not to approve a request to amend the official Springfield Zoning Map
from General Office (GO) to Neighborhood Commercial (NC).
ATTACHMENTS: Attachment #1: Staff Report and Findings Attachment #2: Current and Proposed Zoning of Subject Site Map-A and Map-B
Attachment #3: Legal Descriptions for Tax Lots 510 Legal-A and 511 Legal-B Attachment #4: Application Attachment #5: Planning Commission Final Order
DISCUSSION:
The affected properties include a developed parcel municipally addressed as 5892 Main Street
(Map 17-02-34-32, Tax Lot 511) and an adjoining parcel not currently addressed (Map 17-02- 34-32, Tax Lot 510). The developed parcel (Tax Lot 511) is developed with an 8,832-square
foot building occupied with a florist shop, insurance office, and other commercial office/retail suites. The adjoining parcel (Tax Lot 510) is developed with a paved surface parking lot and
associated landscaping. Both properties are currently zoned General Office (GO), as depicted on the official Springfield Zoning Map. The adopted comprehensive plan for this area of
Springfield (the Metro Plan) designates the subject properties as Medium Density Residential (MDR). The Metro Plan allows for GO and/or Neighborhood Commercial (NC) uses to
implement the MDR designation on a small-scale, site-specific basis subject to local zoning ordinances. Because of its developed status, the subject site was not included in the City’s
Residential Lands and Needed Housing Analysis, so approval of the requested zone change would not affect the City’s inventory of needed residential land.
Zoning of properties in the vicinity of the subject site include General Office (immediately
north of the properties across A Street), Neighborhood Commercial (south and west), Community Commercial (west), Public Land and Open Space (north), and Medium Density
Residential (east and south).
Tax Lot 511 was developed in 1981 as a multi-tenant commercial structure. Some existing spaces within the building are currently vacant. The requested zone change would allow for a
greater range of potential uses for the properties, as allowed in the Neighborhood Commercial zoning district. The Planning Commission approved a similar zone change from GO to NC in
2013 for the immediately adjacent property to the west (i.e., Tax Lots 202 and 400; TYP313-00003). Section 3.2-305.A. of the Springfield Development Code allows Neighborhood
Commercial uses to provide modest-sized sites for day-to-day commercial needs of the immediate neighborhood and are intended to blend in with adjacent residential areas.
Robbins Zoning Map Amendment
Staff Report
January 25, 2017
1
Staff Report and Findings
Planning Commission
Zoning Map Amendment
Hearing Date: February 7, 2017
Case Number: TYP316-00004
Applicant: Michael Reeder
Property Owners: Scott B. and Lisa C. Robbins
Site: 5892 Main Street (Map No. 17-02-34-32, Tax Lots 510 and 511)
Request
Rezone 0.85-acre site comprised of Tax Lots 510 and 511 from General Office (GO) to
Neighborhood Commercial (NC).
I. Site Information/Background
The application for Zoning Map Amendment was submitted to the City on November 18, 2016
and accepted as complete on December 19, 2016. The City conducted a Development Review
Committee meeting on the proposed rezoning on January 10, 2017.
The subject properties (herein referred to as the “subject site”) proposed for zone changes are
currently developed. The southern parcel (Tax Lot 511) is approximately 0.62 acres, or 27,007
square feet in size and is addressed at 5892 Main Street. An existing 8,832 square foot building
on TL 511 is divided into seven commercial suites, and is occupied with a florist shop and a mix
of small-scale commercial retail and office uses. TL 511 also has a fully improved parking lot
with 23 parking stalls and landscaping. The northern parcel (Tax Lot 510) is 0.23 acres, or
10,019 square feet in size with frontage on A Street, and currently developed with 22 parking
spaces and landscaping.
Abutting the subject site to the west is a 10’-wide accessway and paved path that connects A
Street (and Thurston High School) to Main Street for pedestrian and bicycle traffic. Adjacent to
the site to the west is a dentist’s office, a Dutch Bros. drive-through coffee kiosk, and vacant
NC-zoned parcels. North of the subject site across A Street are two parcels zoned GO but
developed with two pairs of duplexes on each parcel. Medium density residential development,
primarily duplexes, occupies all property along the north side of A Street to its intersection with
60th Place; all of these properties are zoned Medium Density Residential (MDR).
Attachment 1, Page 1 of 7
Robbins Zoning Map Amendment
Staff Report
January 25, 2017
2
Abutting the site to the east is a duplex (east of TL 510) and a single-family residence (east of TL
511, taking access off Main Street), both zoned MDR. The remainder of lots on Main Street and
the south side of A Street to the intersection with 60th Place are developed with a mix of
single-family and duplexes on LDR- and MDR-zoned parcels.
South of the subject site across Main Street between 58th and 59th Streets are properties zoned
MDR, NC and Community Commercial (CC). A dental clinic is located on the south side of Main
Street at its intersection with 59th Street, and a pediatric dental clinic currently in development
review is located immediately to the west, directly south of the subject site.
II. Procedural Requirements
SDC 5.22-110 identifies the process to be followed when amending the official Springfield
Zoning Map. The proposal involves a single site comprised of two tax lots under common
ownership. A Metro Plan diagram amendment is not required to establish NC zoning; NC uses
are part of the 32 percent of residential designations developed with auxiliary uses that “shall
be allowed within residential designations…” (See also Findings 8-12 below) The site’s existing
plan designation of MDR allows both the existing and proposed zoning. SDC 5.22-110.B.
describes this type of proposal as a Quasi-Judicial Zoning Map Amendment, to be reviewed
using the City’s Type III review process outlined in SDC 5.1-135.
Type III review requires both newspaper notice and mailed notice to property owners and
occupants within 300 feet of the subject property, and requires that a sign be posted on the
subject site. The content and timing of these notices are established in SDC 5.2-115.
Notice of the proposed Zoning Map Amendment must also be sent to the Department of Land
Conservation and Development (DLCD) as specified in ORS 197.610 and OAR 660-18-0020. This
notice must be filed no less than 35 days before the first evidentiary hearing.
Findings:
1. Consistent with SDC 5.22-110, on November 18, 2016 the Applicant initiated the
proposed amendment to the official Springfield Zoning Map to rezone the subject
properties from General Office to Neighborhood Commercial.
2. A public hearing was scheduled before the Springfield Planning Commission for
February 7, 2017.
3. The required DLCD notice was submitted on-line through the DLCD web portal on
December 28, 2016, alerting the agency to the City’s intent to amend the Zoning Map.
The notice was submitted 41 days in advance of the first evidentiary public hearing, thus
exceeding the DLCD notice requirement in ORS 197.610.
4. A Development Review Committee meeting was held on January 10, 2017. Findings and
conditions of approval issued by participating City and agency staff members are
contained in this report. No comment was provided by the Oregon Department of
Transportation; therefore no objection was registered by ODOT to the proposed zoning
map amendment.
Attachment 1, Page 2 of 7
Robbins Zoning Map Amendment
Staff Report
January 25, 2017
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5. Notice of the Planning Commission public hearing concerning the proposed zoning map
amendment was mailed on January 17, 2017 to property owners and occupants within
300 feet of the subject site. The mailing allowed more than 20 days’ notice before the
first public hearing as required by SDC 5.2-115.A.
6. Notice concerning this matter was published on January 17, 2017 in The Register Guard
advertising the public hearing before the Planning Commission on February 7, 2017. The
content of the notice followed requirements set forth in SDC 5.2-115.B. for quasi-judicial
actions.
7. On-site notice of the pending application and public hearing was posted December 29,
2016.
Conclusion:
Procedural requirements outlined in SDC 5.2-115 and 5.22-110 were followed. The DLCD notice
was properly issued as required by ORS 197.610 and OAR 660-18-0020 for amending the official
Springfield Zoning Map.
III. Criteria of Approval
Per SDC 5.22-115.C., Zoning Map Amendments must conform to the following approval criteria:
1. Consistency with applicable Metro Plan policies and the Metro Plan diagram;
2. Consistency with applicable Refinement Plans, Plan District maps, Conceptual
Development Plans and functional plans; and
3. The property is presently provided with adequate public facilities, services and
transportation networks to support the use, or these facilities, services and
transportation networks are planned to be provided concurrently with the development
of the property.
4. Legislative Zoning Map amendments that involve a Metro Plan Diagram amendment
shall:
a. Meet the approval criteria specified in Section 5.14-100; and
b. Comply with Oregon Administrative Rule (OAR) 660-012-0060, where applicable.
Criterion #1: “Consistency with applicable Metro Plan policies and the Metro Plan diagram.”
Findings:
8. The Metro Plan diagram identifies the subject site as being designated Medium Density
Residential (MDR).
9. The Metro Plan expressly identifies the residential designation as including
“neighborhood commercial services” and that such uses “shall be allowed within
residential designations if compatible with refinement plans, zoning ordinances, and
other local controls for allowed uses in residential neighborhoods.” (Metro Plan, pg. II-
G-4)
10. There is no adopted neighborhood refinement plan that covers the Thurston area or the
subject site.
Attachment 1, Page 3 of 7
Robbins Zoning Map Amendment
Staff Report
January 25, 2017
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11. The Springfield Development Code allows for establishment of the Neighborhood
Commercial (NC) zoning district for “sites up to 3 acres in size to provide day to day
commercial needs for support populations up to 4,000 people. NC developments should
enhance rather than intrude on the character of a neighborhood by using landscaping,
building materials and design features that are similar to and in proportion with
residential uses. New NC Districts larger than 1.5 acres shall be limited to collector and
arterial streets. Existing NC Districts on local streets shall not be allowed to expand
beyond 1.5 acres unless the development area abuts a collector or arterial street.” (SDC
3.2-305.A.)
12. The subject site consists of two parcels totaling 0.85 acres in size, and has frontage on
Main Street and on A Street. Two abutting parcels (Map 17-02-34-32, TLs 202 and 400)
totaling 1.95 acres in size, also with frontage on Main Street and A Street, were rezoned
from General Office to Neighborhood Commercial in 2013 (Case TYP313-00003). A
Street is classified as a Local Street and Main Street is classified as a Major Arterial street
in the City’s adopted Transportation System Plan.
13. The subject site has been zoned GO and in commercial use since 1981, with both office
and retail uses that are permitted in both the GO and NC zoning districts.
14. The adopted Residential Land Use and Housing Element of Springfield 2030, the
Residential Land and Housing Needs Analysis (RLHNA) identified a surplus of buildable
land in the MDR designation to meet projected needs through the planning horizon.
Therefore, rezoning the subject property from GO to NC will have no effect on the
inventory of buildable MDR-designated land in Springfield. Moreover, since the site has
been previously developed for non-residential use, the subject property was not
included in the City’s inventory of vacant buildable lands eligible for future MDR
development at suitable densities.
15. Metro Plan Policy B.28 states: “Recognize the vital role of neighborhood commercial
facilities in providing services and goods to a particular neighborhood.” (pg. III-B-6)
16. Metro Plan Policy B.29 states: “Encourage the expansion or redevelopment of existing
neighborhood commercial facilities as surrounding residential densities increase or as
the characteristics of the support population change.” (pg. III-B-6)
17. The proposed zone change from GO to NC expands the range of potential uses on the
subject site, consistent with Metro Plan policies, local zoning controls established in the
Springfield Development Code, and the Metro Plan diagram.
18. Properties in the vicinity of the subject site have a mix of commercial and residential
zoning, including CC, GO, NC, and MDR. The proposed rezoning is compatible with
existing nearby uses and continues to provide for a reduction in the intensity of
permitted uses as non-residential zoning districts approach or abut residential
developments to the east.
Conclusion:
The proposed Zoning Map Amendment will change the zoning classification for the subject site
from General Office to Neighborhood Commercial; this zoning is consistent with the site’s MDR
designation on the Metro Plan diagram, and with applicable Metro Plan policies cited in
Findings 8-18 immediately preceding, and is therefore consistent with the above criterion.
Attachment 1, Page 4 of 7
Robbins Zoning Map Amendment
Staff Report
January 25, 2017
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Criterion #2: “Consistency with applicable Refinement Plans, Plan District maps, Conceptual
Development Plans and functional plans.”
Findings:
19. There are no adopted neighborhood refinement plans, Plan Districts or Conceptual
Development Plans governing the Thurston area or the subject site.
20. There are two adopted and acknowledged functional plans that apply to all land within
Springfield’s planning jurisdiction: The Springfield 2035 Transportation System Plan
(TSP) is the functional refinement to the Metro Plan dealing specifically with
transportation facilities and Springfield’s compliance with statewide planning Goal 12;
the Public Facilities and Services Plan is the functional refinement to the Metro Plan
providing the policies and projects needed for compliance with statewide planning Goal
11, Public Facilities and Services.
21. The proposed zone change from GO to NC is consistent with, and does not alter the
TSP’s policies and projects, and is therefore consistent with the TSP.
22. The State’s Transportation Planning Rule (OAR 660-012-0060) establishes standards for
determining if a proposed zoning map amendment “significantly affects” an existing or
planned transportation facility. As noted in findings below, the TPR standards are not
triggered.
23. The site is presently served with all appropriately sized key urban services required
under Goal 11 and the City’s public improvement standards as noted in the findings
below.
Conclusion:
The proposed zoning map amendment is consistent with the City’s adopted Transportation
System Plan and Public Facilities and Services Plan, both of which are acknowledged functional
plans. Absent any other refinement plan, Plan District, or Conceptual Development Plan, the
Metro Plan diagram prevails, and the site’s proposed zoning classification is deemed consistent
with the Metro Plan diagram. The proposal is therefore consistent with the above criterion.
Criterion #3: “The property is presently provided with adequate public facilities, services and
transportation networks to support the use, or these facilities, services and transportation
networks are planned to be provided concurrently with the development of the property.”
Findings:
24. The subject site has available sanitary sewer mains located in both A Street and Main
Street, and the existing building on Tax Lot 511 has a sanitary sewer line that extends
from A Street to the northeast corner of the parcel.
25. Stormwater mains are located in A Street and Main Street, with stubs extending to both
tax lots comprising the subject site.
26. Water and electric utilities are available, and already serve the subject site.
Attachment 1, Page 5 of 7
Robbins Zoning Map Amendment
Staff Report
January 25, 2017
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27. Both tax lots have approved access driveways with improved internal circulation and
parking, and frontage on fully improved public streets.
Conclusion:
The subject site has adequate public infrastructure and facilities needed to support existing
uses and those allowed in the proposed NC zoning district. Therefore the proposal is consistent
with the above criterion.
Criterion #4: “Legislative Zoning Map amendments that involve a Metro Plan Diagram
amendment shall:
a. Meet the approval criteria specified in Section 5.14-100; and
b. Comply with Oregon Administrative Rule (OAR) 660-012-0060, where applicable.”
Findings:
28. The proposed Zoning Map Amendment involves a site-specific zone change to two
abutting parcels under common ownership. Both parcels are currently zoned General
Office, but designated Medium Density Residential on the Metro Plan diagram.
29. SDC 3.2-305.A. provides for the Neighborhood Commercial (NC) zoning district to be
established at “sites up to 3 acres in size to provide day to day commercial needs”
primarily for local residents. Combined with the two neighboring NC-zoned properties
to the west, approval of the Applicant’s proposed zone change would result in a total of
2.8 acres of NC-zoned property east of 58th Street between A Street and Main Street.
The City’s Development Code also states that NC developments are intended to
“enhance rather than intrude on the character of a neighborhood by using landscaping,
building materials and design features that are similar to and in proportion with
residential uses.”
30. The proposed NC zone is allowed for site-specific developments where the parcel’s
underlying Metro Plan diagram designation is commercial or residential. Therefore the
proposed zoning is consistent with the site’s existing Metro Plan land use designation,
and no Metro Plan diagram amendment is required or warranted.
31. SDC 5.22-110.B. defines Quasi-Judicial Zoning Map amendments as those “…generally
affecting a single or limited group of properties and may or may not include a Metro
Plan diagram amendment.”
32. Because the proposal is site-specific and does not propose to modify the adopted Metro
Plan diagram, it is being processed as a Type III Zoning Map Amendment, consistent
with requirements for Quasi-Judicial Zoning Map amendments as specified in SDC 5.22-
110.B. Since the application is not for, nor does it require, a Legislative Zoning Map
amendment, the approval criteria for Metro Plan diagram amendments in SDC 5.14-100
does not apply. If a plan amendment is not proposed or necessary then the criterion
above in SDC 5.22-115.C.4.a. also is not applicable to this application.
33. OAR 660-012-0060 (1) establishes the basis for determining if an amendment to a land
use regulation (including a zoning map amendment) would “significantly affect” an
existing or planned transportation facility.
Attachment 1, Page 6 of 7
Robbins Zoning Map Amendment
Staff Report
January 25, 2017
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34. OAR 660-012-0060 (9) provides that the “local government may find that an
amendment to a zoning map does not significantly affect an existing or planned
transportation facility” if all the requirements in subsections (a)-(c) are met.
35. OAR 660-012-0060 (9)(a) states a zoning map amendment doesn’t significantly affect a
facility if the proposed zoning is consistent with the existing comprehensive plan map
designation, and the map amendment does not change the comprehensive plan map.
As found above, the proposal requires only a change of the official Springfield Zoning
Map, and not the Metro Plan diagram. Findings above also demonstrate that the site’s
existing GO zoning and proposed NC zoning both implement the Metro Plan’s MDR
designation.
36. OAR 660-012-0060 (9)(b) states that a zoning map amendment doesn’t result in a
significant affect if the local government has an acknowledged Transportation System
Plan (TSP) and the proposed zoning is consistent with the TSP. The Springfield 2035 TSP
was acknowledged by DLCD, and the proposed zone change is consistent with the TSP,
and does not affect TSP policies or projects.
37. OAR 660-012-0060 (9)(c) refers to exemptions from the TPR standards if the area in the
proposed zoning map amendment was subject to an UGB amendment or TSP
amendment to account for urbanization of the area. The subject site has long been
within the Springfield UGB and city limits, so this criterion is not applicable.
Conclusion:
The proposed Zoning Map Amendment is “quasi-judicial” in nature and not “legislative.” The
proposal also meets the applicable standards in OAR 660-012-0060 (9), and therefore does not
significantly affect an existing or planned transportation facility. Therefore, the above criterion
is not applicable to this proposal.
IV. Overall Conclusion and Staff Recommendation
The above findings of fact and conclusions demonstrate that the proposed Zoning Map
Amendment is consistent with the applicable criteria of approval in Springfield Development
Code Section 5.22-115. Staff recommends that the Planning Commission approve the proposed
amendment to change the existing General Office zoning on the subject site to Neighborhood
Commercial based on these findings and conclusions. The Planning Commission may also
consider the evidence and testimony submitted by the applicant and included in this report as
Attachment 4.
Attachment 1, Page 7 of 7
Robbins Zoning Map Amendment
Staff Report
January 25, 2017
1
CURRENT ZONING – Map A
PROPERTY PROPOSED FOR ZONING MAP AMENDMENT
5892 MAIN ST. (MAP 17-02-34-32, TAX LOTS 510 & 511)
PROPERTY CURRENTLY ZONED GENERAL OFFICE (GO)
ZONING MAP LEGEND
Low Density Residential (LDR) Neighborhood Commercial (NC)
Medium Density Residential (MDR) General Office (GO)
Community Commercial (CC) Public Land and Open Space (PL)
N 58th ST SITE S. 59th ST TL 510
TL 511
Attachment 2, Page 1 of 2
Robbins Zoning Map Amendment
Staff Report
January 25, 2017
2
PROPOSED ZONING – Map B
PROPERTY PROPOSED FOR ZONING MAP AMENDMENT
5892 MAIN ST. (MAP 17-02-34-32, TAX LOTS 510 & 511)
PROPERTY PROPOSED FOR NEIGHBORHOOD COMMERCIAL (NC) ZONING
ZONING MAP LEGEND
Low Density Residential (LDR) Neighborhood Commercial (NC)
Medium Density Residential (MDR) General Office (GO)
Community Commercial (CC) Public Land and Open Space (PL)
N 58th ST S. 59th ST TL 510
SITE
TL 511
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BEFORE THE PLANNING COMMISSION OF THE
CITY OF SPRINGFIELD, OREGON
REQUEST FOR ZONING MAP AMENDMENT + CASE NO. TYP316-00004
+ FINDINGS, CONCLUSIONS, + AND ORDER NATURE OF THE APPLICATION
Zone change from General Office to Neighborhood Commercial for Assessor’s Map 17-03-34-32, Tax Lots 510 and 511, municipally addressed as 5892 Main Street and adjoining parcel.
1. On November 18, 2016 the following application for a Zoning Map Amendment was accepted: Rezone approximately 0.85 acres of land from General Office to
Neighborhood Commercial, Case Number TYP316-00004, Michael M. Reeder,
applicant. The areas requested for rezoning are generally depicted and more particularly described in Attachment 1 to this Final Order.
2. The application was submitted in accordance with Section 5.4-105 of the Springfield Development Code. Timely and sufficient notice of the public hearing, pursuant to
Section 5.2-115 of the Springfield Development Code, was provided. 3. On February 7, 2017 a public hearing on the Zoning Map Amendment request was held.
The Development and Public Works Department staff notes including criteria of approval, findings and recommendations, together with the testimony and submittals of
the persons testifying at that hearing have been considered and are part of the record of
this proceeding.
CONCLUSION
On the basis of this record, the requested Zoning Map Amendment application is consistent with
the criteria of Section 5.22-115 of the Springfield Development Code. This general finding is supported by the specific findings of fact and conclusions in the staff report (Exhibit A) attached hereto.
ORDER
It is ORDERED by the Planning Commission of Springfield that Case Number TYP316-00004, Zoning Map Amendment Request, be approved. This ORDER was presented to and approved by the Planning Commission on February 7, 2017.
_______________________________ Planning Commission Chairperson
ATTEST
AYES: NOES:
ABSENT:
ABSTAIN:
Attachment 5, Page 1 of 1